to clean arrest what lawyer to hire ca

If you or someone you know has a criminal record, contact a good San Francisco Criminal Defense Attorney to help clean it up. If you have a Felony on your record, many times it can be reduced to a misdemeanor. Being a convicted Felon has many terrible consequences and most employers will not hire a convicted Felon.

Full Answer

Why should I hire a lawyer to clean up my criminal record?

If you want to maximize your chance of success in cleaning up your criminal record you will want to strongly consider hiring a law firm like Wallin and Klarich who has been successful in hundreds of other similar cases. Cases are won in the courtroom, but made in the office.

Where can I find a criminal defense attorney in Southern California?

With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich Southern California criminal defense attorney near you no matter where you are located. Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation.

How do I remove an arrest from my record in California?

You will need to convince the judge that there was no reason for the officer to arrest you. If no charges were filed or charges were dismissed before trial, you can use the California Department of Justice’s Petition to Seal and Destroy Adult Arrest Records (BCIA 8270). Some courts also have local forms you can use.

Why hire our attorneys?

Our knowledgeable attorneys have the skills necessary to influence the outcome of your case early on, as well as the experience needed to successfully defend you in court. and get you the best possible outcome in your case.

How can I clean my criminal record in California?

Expunging criminal records in California requires the following five steps:Step 1: Hire an attorney. The expungement process is confusing and time- and paperwork-intensive. ... Step 2: Fill out the proper forms. ... Step 3: File for expungement. ... Step 4: Prepare for the expungement hearing. ... Step 5: Refile if the petition is denied.

Can you expunge an arrest in California?

California Penal Code Section 851.91 now provides a mechanism to seal most open arrest records. Expungement is now allowed for any past “arrest” where that arrest “did not end in a conviction.”

How much does it cost to expunge a record in California?

Including Court Costs, ALL Legal Work and Court Appearances: Infraction Expungement $590* Misdemeanor Expungements $695* Misdemeanor DUI Expungement $820. Felony Expungement $915* (includes a reduction to a misdemeanor when eligible)

What crimes Cannot be expunged in California?

The Convictions That Cannot Be Expunged in California…Child pornography crimes.Certain sexual assault crimes.Committing lewd acts with a minor.Failure to submit to a police inspection of vehicle.

How can I clear my criminal record?

You can apply to have your criminal record expunged when:a period of 10 years has passed after the date of the conviction for that offence.you have not been convicted and sentenced to a period of imprisonment without the option of a fine during those 10 years.the sentence was corporal punishment.More items...

How long does an expungement take in California?

90 to 120 daysHow long does a California Expungement take? Generally speaking, you can count on your expungement taking in the neighborhood of 90 to 120 days, but certain courts or older cases can take longer. Several factors impact the length of time an expungement takes to go through the court system.

Do misdemeanors go away in CA?

Contrary to popular belief, misdemeanors in California are not automatically expunged with the passage of time, but require the filing and granting of an Expungement Petition by the Court.

How long does it take to expunge a felony in California?

about 4-5 monthsA typical timeframe to complete the expungement of a felony in California is about 4-5 months. Cases are heard by the courts in the order in which they were filed. File the forms at the court in the county where you were convicted.

How do you get a misdemeanor off your record in California?

To expunge a misdemeanor in California, the defendant has to (1) determine that he or she is eligible for expungement, (2) timely file the appropriate paperwork, and (3) attend the expungement hearing personally, or through a lawyer.

Can you remove a felony from your record in California?

To be eligible for a felony expungement in California you must have completed your sentence. Also, you must not have any pending charges or be serving any other sentence at the time you file the expungement petition. Another requirement is to make sure court-ordered fines have been paid.

How long do felonies stay on your record in California?

If you've been convicted of a felony in Los Angeles, that will remain on your criminal record indefinitely. That is, unless, you file a petition to have your conviction expunged. Certain felonies in California can be expunged – or removed – from your record.

How do I seal my record in California?

To have your arrest record sealed, you must file a petition in the city or county where you were arrested. The petition must then be served to both the law enforcement agency that made the arrest and the prosecuting attorney. You will need to work with a criminal defense attorney throughout the petition process.

How to restore gun rights in California?

There are two possible options to restore gun rights through record cleaning: Reduce your felony charge to a misdemeanor. However, some misdemeanors still have gun bans. Get a pardon from the Governor of California. Except for a governor's pardon, record cleaning does not end a sex offender registration requirement.

How do I get my criminal record?

There are three ways to get your criminal record information: Use the papers you received in court when you were convicted or arrested (if not convicted). The superior court keeps records of its cases. You can go to the clerk's office to request a copy of your case.

How long does it take to clean a record?

The record cleaning process can take several months. Consider record cleaning as a solution to help in your next job or housing search, not your current one. Both federal law and California law prohibit people with felonies from having guns. There are two possible options to restore gun rights through record cleaning:

What does "if not convicted" mean?

Code section of the conviction or arrest (if not convicted) County where you were convicted or arrested (if not convicted) This information can be found on your criminal record or RAP Sheet, which stands for Record of Arrest or Prosecution.

How long does it take to get fingerprints in California?

You will need to be fingerprinted and it may take several weeks for your record to arrive. Visit The California Department of Justice for steps on how to request your records. Once you get your criminal record information, you'll be able to continue with the record cleaning process.

Is cleaning a felony a probation or parole?

You are not on probation or parole in any other case. Learn about cleaning misdemeanors from your record. Cleaning a felony conviction. The path to cleaning felony convictions vary. There may also be a special relief for certain convictions under on Proposition 47.

Can you get dismissed for selling on the sidewalk?

If you have a conviction under a city ordinance for unlawfully selling goods on the sidewalk, you can request dismissal of the conviction under Government Code § 51039 (g). Check with the court where you were convicted or arrested for sidewalk vending to see if a form is available for this type of relief.

What happens if you are found not guilty of a crime?

If you were found not guilty at trial ( Penal Code section 851.85) or if you were convicted but the judge set aside the conviction because you were factually innocent ( Penal Code section 851.86 ), the attorney who represented you at trial might be able to file the request to seal and destroy the records.

Do you have to disclose your arrest?

If the judge grants your request, the arrest and court records will be sealed. But government agencies, like law enforcement, will still have access to them. You must still disclose the arrest when asked about it in applications for public office, for employment as a peace officer, or for a state or local license.

Can you get a sealed record if you were found not guilty?

You went to trial and were found not guilty. You may request that a court seal your arrest records or criminal records. If a judge agrees with your request, the records will no longer be available to the public. However, some government agencies will still be able to see your sealed record.

Public Defender Offices

Below are links to public defender websites with information specifically about record cleaning. These public defender offices may help you if your conviction is from their county.

General Resources

Root & Rebound has a detailed guide including information about cleaning your record.

Resources for non-citizens

Find information on how record cleaning impacts immigration issues, and about special record cleaning options for non-citizens:

Why do you need a criminal defense attorney in California?

Because the judge has so much discretion in deciding whether to grant or deny your motion to seal and destroy your California arrest records — and because the judge can deny your motion with prejudice so that you may not re-file your request — it is critical to hire a skilled California criminal defense attorney.

What is a sealed arrest?

A statement that the petitioner is entitled to have his or her arrest sealed either as a matter of right or in the interests of justice, as applicable. If the petition is based on the interests of justice, a statement of how those interests would be served by granting the petition and declarations in support. 19.

What is the penalty code for a sealed arrest?

Penal Code 851.87 gives people the right to have an arrest record sealed as long as their arrest did not result in a conviction. For purposes of PC 851.87, an arrest did not result in a conviction if any of the following apply:

How long does it take to get a seal on a record in California?

It typically takes about ninety (90) days after filing a petition to get a court order to seal an arrest record in California. Within 30 days of the court’s issuance of the order to seal an arrest record, the court will notify:

Why was the person not charged?

The person was not charged because he or she intentionally evaded law enforcement efforts to prosecute the arrest, such as by absconding from the jurisdiction. 9. The person evaded efforts to prosecute the arrest by engaging in identity fraud and was subsequently charged with a crime for that act of identity fraud. 10.

Can an arrest record be sealed?

Elder abuse. But even in these cases, an arrest can still be sealed if a judge determines that doing so would serve the interests of justice.

Which agency administers the master criminal history records?

The law enforcement agency that administers the master criminal history records, and. The California Department of Justice. The petitioner’s master criminal record and court record will then be updated to note that the arrest has been sealed.

What happens when a court cleans a criminal record?

If the court agrees to clean the record, then it declares that the record is removed or sealed. When criminal records are sealed, no authority (police, court) can allow third parties access to such information. However, in the United States, each state has its own rules in this regard.

Why do we clean criminal records?

To clean a criminal record will prevent a person’s public life and professional or business career from being stained forever. The US law allows a person to request, through a lawsuit, the removal of underlying criminal records.

How to find out if someone has a criminal record?

To find out the criminal record in court you will need to know some details beforehand, such as: Number of your case or file. Date of conviction. Charges, code name and section under which you were convicted. Court verdict on the case, as well as statements, appeals and whether or not there was a dispute.

Why is the removal of criminal records called the second chance law?

That is why the removal of records is also called the second chance law. Criminal records are erased from public view, but not from judges or police if the person recurs. The cleaning of criminal records is a different resource to the presidential pardon, of the governor or of the special Council.

What does having your record expunged mean

To expunge means “to remove something completely” as defined by Webster. If you have a criminal record, you should contact Spade Law about getting it expunged.

Who is eligible to have their record expunged

If you are at least 70 years old and it has been 10 years since your prison release date or your court ordered supervision date and you have not been rearrested, you can qualify to have your record expunged.

What to do if you are being accused of a crime?

If you are being accused of a crime, it is important for you to understand the process leading to charges being filed against you. This process can happen in one of two ways: 1. Pre-filing Investigation. An experienced Wallin & Klarich attorney may help you avoid facing any criminal charges.

What happens if a case is sent back to the appropriate law enforcement agency?

If the case is sent back for further investigation, charges must be filed by the prosecutor’s office within the applicable statute of limitations.

What happens during a pre-filing investigation?

As is the case during a pre-filing investigation, the prosecutor (and the prosecutor alone) will determine whether there is sufficient evidence to proceed with the formal filing of criminal charges. If so, he or she will file a formal complaint with the Court, and the prosecution commences.

What happens when a prosecutor decides there is enough evidence to proceed?

If the prosecutor determines that there is enough evidence to proceed, he or she will draft a formal complaint to file with the Court. Once these formal charges have been filed, the District Attorney’s office will do one of two things:

What happens when a police officer arrests you?

After you are arrested, the police officer will draft a police report and forward that report to the proper prosecutor’s office. As is the case during a pre-filing investigation, the prosecutor (and the prosecutor alone) will determine whether there is sufficient evidence to proceed with the formal filing of criminal charges. If so, he or she will file a formal complaint with the Court, and the prosecution commences.

What happens if you are arrested?

If you are arrested, or think you may be arrested, any delay in retaining an attorney to defend you will put you at a significant disadvantage. Oftentimes, your attorney can have the most impact on the outcome of your case before the decision to file has been made. You should hire a skilled defense attorney right away.

Can a person be charged with a crime if arrested by the police?

What most people do not understand is that a person, even if arrested by the police, is not formally charged with a crime until/unless a prosecutor at the District Attorney’s office files a formal complaint with the clerk of Court. Before this happens, your attorney may be able to influence the prosecutor’s decision to file charges against you.